An Act to amend the Canada Elections Act (political financing) (S.C. 2018, c. 20)
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Assented to 2018-06-21
2000, c. 9Canada Elections Act (continued)
3 The Act is amended by adding the following after section 476:
Marginal note:Nomination campaign expenses
476.01 A nomination campaign expense of a nomination contestant is an expense reasonably incurred as an incidence of the nomination contest, including
(a) a nomination contest expense;
(b) a personal expense; and
(c) a fee of any auditor appointed under subsection 476.77(1).
Marginal note:Nomination contest expenses
476.02 (1) A nomination contest expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a nomination contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader, a nomination contestant or a candidate during a nomination contest; and
(b) any acceptance by a nomination contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader, a nomination contestant or a candidate during a nomination contest.
Marginal note:Inclusions
(2) A nomination contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,
(a) the production of advertising or promotional material;
(b) the distribution, broadcast or publication of such material in any media or by any other means during the nomination contest, including by the use of a capital asset;
(c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;
(d) securing a meeting space or the supply of light refreshments at meetings;
(e) any product or service provided by a government, a Crown corporation or any other public agency; and
(f) the conduct of surveys or research during a nomination contest.
Marginal note:Definition of cost incurred
(3) In this section, cost incurred means an expense that is incurred by a nomination contestant, whether it is paid or unpaid.
Marginal note:2014, c. 12, s. 86
4 The portion of section 476.67 of the Act before paragraph (a) is replaced by the following:
Marginal note:Limits on nomination contest expenses
476.67 The limit for nomination contest expenses that is allowed for a nomination contestant in an electoral district is the amount
Marginal note:2014, c. 12, s. 86
5 Subsection 476.68(1) of the Act is replaced by the following:
Marginal note:Prohibition — expenses more than maximum
476.68 (1) No nomination contestant and no financial agent of a nomination contestant shall incur total nomination contest expenses in an amount that is more than the limit allowed for that electoral district under section 476.67.
Marginal note:2014, c. 12, s. 86
6 Paragraph 476.75(2)(a) of the Act is replaced by the following:
(a) a statement of nomination contest expenses;
(a.1) a statement of nomination campaign expenses, other than nomination contest expenses;
7 The Act is amended by adding the following after section 478:
Marginal note:Leadership campaign expenses
478.01 A leadership campaign expense of a leadership contestant is an expense reasonably incurred as an incidence of the leadership contest, including
(a) a leadership contest expense;
(b) a personal expense; and
(c) a fee of any auditor appointed under this Division.
Marginal note:Leadership contest expenses
478.02 (1) A leadership contest expense is any of the following:
(a) any cost incurred, or non-monetary contribution received, by a leadership contestant, to the extent that the property or service that the cost was incurred for or that was received as a non-monetary contribution is used to directly promote or oppose a registered party, its leader or a leadership contestant during a leadership contest; and
(b) any acceptance by a leadership contestant of a provision of goods or services that is permitted under paragraph 364(2)(c), to the extent that the goods or services are used to directly promote or oppose a registered party, its leader or a leadership contestant during a leadership contest.
Marginal note:Inclusions
(2) A leadership contest expense includes a cost incurred for, a non-monetary contribution in relation to, or a provision of goods and services in relation to,
(a) the production of advertising or promotional material;
(b) the distribution, broadcast or publication of such material in any media or by any other means during the leadership contest, including by the use of a capital asset;
(c) the payment of remuneration and expenses to or on behalf of a person for their services as a financial agent or in any other capacity;
(d) securing a meeting space or the supply of light refreshments at meetings;
(e) any product or service provided by a government, a Crown corporation or any other public agency; and
(f) the conduct of surveys or research during a leadership contest.
Marginal note:Definition of cost incurred
(3) In this section, cost incurred means an expense that is incurred by a leadership contestant, whether it is paid or unpaid.
Marginal note:2014, c. 12, s. 86
8 Paragraph 478.8(2)(a) of the Act is replaced by the following:
(a) a statement of leadership contest expenses;
(a.1) a statement of leadership campaign expenses, other than leadership contest expenses;
9 The Act is amended by adding the following after section 497:
Offences under Division 1.1 of Part 18 (Regulated Fundraising Events)
Marginal note:Strict liability offences — summary conviction
497.01 Every person is guilty of an offence who
(a) being a registered party, contravenes subsection 384.2(1) or (4) (failure to publish information about regulated fundraising event);
(b) being a person or entity, contravenes subsection 384.2(3) (failure to provide information about regulated fundraising event);
(b.1) being a registered party, contravenes subsection 384.2(4.1) (failure to notify Chief Electoral Officer of regulated fundraising event);
(c) being a registered party, contravenes subsection 384.2(5) or (7) (failure to replace old information about regulated fundraising event on its Internet site);
(d) being a person or entity, contravenes subsection 384.2(6) (failure to provide new information about regulated fundraising event);
(e) being a chief agent, contravenes subsection 384.3(1), (6) or (6.1) (failure to provide report on regulated fundraising event);
(f) being a chief agent, contravenes subsection 384.3(3) (including prohibited name or address in report on regulated fundraising event);
(g) being a person or entity, contravenes subsection 384.3(4), (4.1), (9) or (9.1) (failure to provide information about regulated fundraising event);
(h) being a person or entity, contravenes subsection 384.3(5) or (10) (including prohibited name or address in information about regulated fundraising event);
(i) being a chief agent, contravenes subsection 384.3(8) or (8.1) (failure to provide report on all regulated fundraising events);
(j) being a chief agent, contravenes subsection 384.3(12) (including prohibited name or address in report on all regulated fundraising events);
(k) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a nomination contestant or leadership contestant, contravenes section 384.4 (failure to return or pay amount of contribution); or
(l) being a chief agent or the leader of a registered party, contravenes subsection 384.7(3) (failure to provide corrected or revised report within 30-day period or any extension of that period).
Marginal note:2014, c. 12, s. 99
10 (1) Paragraph 497.3(1)(f) of the Act is replaced by the following:
(f) being a nomination contestant or the financial agent of one, contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);
Marginal note:2014, c. 12, s. 99
(2) Paragraphs 497.3(2)(g) and (h) of the Act are replaced by the following:
(g) being a nomination contestant or the financial agent of one, knowingly contravenes subsection 476.68(1) (exceeding nomination contest expenses limit);
(h) being a person or entity, contravenes subsection 476.68(2) (circumventing nomination contest expenses limit);
11 Section 500 of the Act is amended by adding the following after subsection (1):
Marginal note:Punishment — strict liability offences
(1.1) Every person who is guilty of an offence under section 497.01 is liable on summary conviction to a fine of not more than $1,000.
Transitional Provisions
Marginal note:Coming into force during election period — regulated fundraising events
12 If section 2 comes into force during an election period, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that election and all related obligations and rights including obligations to report.
Marginal note:Coming into force during nomination contest
13 (1) If section 3 comes into force during a nomination contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that nomination contest and all related obligations and rights including obligations to report.
Marginal note:Prior nomination contests
(2) All obligations and rights arising out of any nomination contest that took place before the day on which section 3 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that nomination contest.
Marginal note:Coming into force during leadership contest
14 (1) If section 7 comes into force during a leadership contest, the Canada Elections Act, as it read immediately before the day on which that section comes into force, applies with respect to that leadership contest and all related obligations and rights including obligations to report.
Marginal note:Prior leadership contests
(2) All obligations and rights arising out of any leadership contest that took place before the day on which section 7 comes into force and that are still outstanding on that day, including obligations to report, are subject to the Canada Elections Act as it read at the time of that leadership contest.
Coming into Force
Marginal note:Six months after royal assent
15 This Act comes into force on the day that, in the sixth month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.
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